LITHUANIAN ENERGY INSTITUTE

(Breslaujos str. 3, LT-44403 Kaunas, register no. 111955219, VAT payer code LT119552113, )

Approved

___Deputy Director

(Position)

______

(Signature)

_____Petras Poligarijus Ūdras

(Name and surname)

OPEN TENDER PROCEDURE CONDITIONS

ON THE PROCUREMENT OF SOFTWARE APPLICATIONS

Procurement code (according to CVP): 48460000-0, 48462000-4

CONTENTS

I. / GENERAL PROVISIONS
II. / PROCUREMENT OBJECT
III. / REQUIREMENTS FOR THE QUALIFICATIONS OF SUPPLIERS
IV. / PARTICIPATION OF GROUP OF LEGAL ENTITIES IN TENDER
V. / PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS
VI. / SECURITY OF TENDER
VII. / EXPLANATION AND CLARIFICATION OF TENDER CONDITIONS
VIII. / PROCEDURE OF OPENING TENDER OFFERS
IX. / EXAMINATION OF TENDER OFFERS AND REASONS FOR REJECTION
X. / EVALUATION OF TENDERS
XI. / RANKING OF TENDERS
XII. / ORDER OF EXAMINATION OF PRETENSIONS AND CLAIMS
XIII. / DECISION TO CONCLUDE A CONTRACT
XIV. / TERMS AND CONDITIONS OF THE PROCUREMENT CONTRACT

Annex No. 1: Recommended form of tender offer.

Annex No. 2: Form of Supplier‘s Declaration of Honesty.

Annex No. 3: Form of Supplier‘s Declaration.

Annex No. 4: Technical specification of the software.

Annex No. 5: Checklist of substantiating documents for supplier.

I. GENERAL PROVISIONS

  1. Lithuanian Energy Institute (hereinafter referred to as Contracting Authority) intends to purchase softwarewhich shall be used for scientific-experimental and applied activities in the course of implementing the EU structural funds project "Foundation of National Open Access Scientific Center for Future Energy Technologies".
  1. The main definitions used herein are in accordance with the Law on Public Procurement of the Republic of Lithuania (official gazette ‚Valstybes zinios‘, 1996, No. 84-2000; 2006, No. 4-102) (hereinafter, the Law on Public Procurement).
  2. The procurement shall be conducted pursuant to the Law on Public Procurement, the Civil Code of the Republic of Lithuania (official gazette ‚Valstybes zinios‘,2000,No.74-2262) (hereinafter the Civil Code), other legal acts governing public procurement and the conditions of tender.
  3. The preliminary announcement of this purchase has not been published. The announcement on this procurement has been published on Public Procurement Portal and the official website of Contracting Authority:
  4. The procurement shall be conducted following the principles of equal treatment, non-discrimination, transparency, mutual recognition, proportionality, shall meet the requirements of confidentiality and impartiality.
  5. Contracting Authority is a Value Added Tax (hereinafter, ‚VAT‘) payer.

II.PROCUREMENT OBJECT

  1. The procurement is divided into the following parts:

Procurement part No. 1: Relap/Scadapsim or equivalent software (delivery within 4 months);

Procurement part No. 2:(delivery within 2 months)

a)Ansys CFX or theequivalent;

b)Solid Works Office Premium or theequivalent;

c)Software packagefor hydraulic calculations AFT (Fhantom, Arrow, Titan) or theequivalent;

d)GoldSim, or theequivalent;

e)Comsol 4.0, or FLAC3D, or the equivalent;

Procurement part No. 3: ABAQUS or the equivalent (delivery within 1 month);

Procurement part No. 4:RiskSpectrumPSA with relevant software (R-DAT, RiskSpectrum Doc, DiskSpectrum FMEA, ReliaSoft) or the equivalent (delivery within 1 month);

Procurement part No. 5:MATLAB or the equivalent (delivery within 1 month);

Procurement part No. 6:PowerWorld software package with additional modulesor theequivalent (delivery within 1 month);

Procurement part No. 7:Software package PPS (with modules: E, Sincal) orthe equivalent (delivery within 1 month);

Procurement part No. 8:Software package MARKAL/TIMES with additional softwareor the equivalent (delivery within 1 month);

Procurement part No. 9:Software package ILOG CPLEX, or theequivalent (delivery within 1 month).

  1. The detailed specification of procurement object, which are demanded by Contracting Authority, is presented in technical specification appended hereto as Annex 4. Alternative offers are not acceptable. The alternative offer means that instead of proposing the software application (goods), the supplier makes a proposal for rendering services or works.
  2. The software shall be delivered: the software indicated in procurement part no. 1 - not later than in 4 months;the software indicated in procurement part no.2 - not later than in 2 months;the software indicated in procurement parts no. 3-9 - not later than in 1 month.Place of delivery of the software – Breslaujos str. 3, LT-44403 Kaunas, Lithuania.

The supplier can present tender offer for one, several or all procurement parts. Separate contracts shall be signed for each part of procurement. Single contract may be signed with the winner of several procurement parts depending on specification of the software and terms of delivery.

III.REQUIREMENTS FOR THE QUALIFICATION OF SUPPLIERS

  1. Supplier, taking part in tender, shall meet the following minimum qualification requirements:

Table 1. General requirements for the qualification of suppliers

No. / Qualification requirements / Substantiating documents
10.1 / Supplier being a natural person or the supplier‘s, who is a legal person, head or a real member (members) of a partnership qualified to make transactions on behalf of the legal entity, or accountant (accountants) or other person (persons) qualified to prepare and sign the supplier‘s record documents has no conviction which is not expired or expunged or in the past 5 years the supplier (being a legal person) has not been convicted by final judgment of the participation in, organizing or management of a criminal organization, corruption, corruption through an intermediary, bribery, fraud, the use of a credit, loan or specific purpose aid otherwise than for the intended purpose or in the established procedure, credit fraud, non-payment of taxes, submission of misleading data about income, profit or assets, failure to submit a declaration, report or other document, acquisition or disposal of property obtained through criminal conduct. A supplier established in other country has not been the subject of a conviction by final judgment of criminal activities defined in the EU legislation listed in Article 45 (1) of Directive 2004/18/EB of the European Parliament and the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts. / An extract from court decision or a document issued by the IT and Communications Department under the Ministry of the Interior or the State Enterprise Centre of Registers in the procedure prescribed by the Government of the Republic of Lithuania, as evidence of aggregated data processed by competent authorities, or a document of a relevant foreign authority (the original or a duly certified copy*), issued not earlier than 60 days before the deadline for submission of tender offer. If the document was issued at an earlier date, however, the term of its validity is longer than the deadline for the submission of tender offer, such a document shall be deemed acceptable.
10.2 / Supplier is not bankrupt or being liquidated, it has not entered into peace agreement with creditors or suspended or limited its operations or is not in any analogous or similar situation under national laws of the country the supplier is registered in. It is not the subject of bankruptcy proceedings or out of court proceedings for a declaration of bankruptcy or is not seeking for compulsory liquidation procedure or for an agreement with creditors or any analogous proceedings under the laws in the country of its registration. / 1) A document (the original or a duly certified copy*) issued by the State Enterprise Centre of Registers or a relevant foreign authority confirming that the supplier is not bankrupt, liquidated, is not the subject of bankruptcy proceedings or out of court bankruptcy proceedings, is not seeking for compulsory liquidation procedure or for an agreement with creditors, or an extract from court decision issued not earlier than 60 days before the deadline for submission of tender offer. If the document was issued at an earlier date, however, the term of its validity is longer than the deadline for the submission of tender offer, such a document shall be deemed acceptable.
2) Supplier‘s Declaration (Annex 3) confirming that the supplier has not entered into a peace agreement with creditors or suspended or limited its operations, or a document issued by a relevant foreign authority confirming that the supplier has not entered into peace agreement with the creditors or suspended or limited its operations or is not in any analogous or similar situation under the laws of the country of its registration, or if the relevant country does not issue the above mentioned document or if the same document does not cover all raised issues, a declaration on oath or an official declaration.
10.3 / Supplier has fulfilled all obligations relating to the payment of taxes. / The document (original or confirmed copy) issued by tax authority or corresponding public body or institution, evidencing that the procurer has no unpaid tax debts. The document shall be issued not earlier than 60 days before the date for reception of offers.
10.4 / Supplier has fulfilled all obligations relating to the payment of social security contributions. / The document (original or confirmed copy) issued by social security authority or corresponding public body or institution, evidencing that the supplier has no unpaid social security debts. The document shall be issued not earlier than 60 days before the date for reception of offers.
10.5 / Supplier has the right to trade in analytic, scientific, mathematical or prognostic software and other calculating means. / Confirmed (signed and sealed by the head) copy of registration certificate of supplier’s organization (enterprise or establishment) and excerpt from statute (charter or regulation), or other documents, evidencing the right of the supplier to perform corresponding activity (certificate, issued by public authority or other professional activity register manager, if any) or declaration on oath, evidencing suppliers right to perform corresponding activity.

Table 2. Requirements for economical and financial condition, technical and professional ability:

No. / Qualification requirements / Substantiating documents
10.6. / Supplier‘s average annual turnover for the last 3 financial years (if supplier performs activity less than 3 financial years, the contracting authority then evaluates the turnover from the date of registration of supplier) shall be 1,5 times larger than tender price. / Financial profit (loss) reports’ confirmed copies of supplier’s company (enterprise or entity) for the last 3 financial years (if supplier performs activity for less than 3 years – the reports shall be presented from the date of the commencement of activities in the field related to the procurement).
10.7. / During the past three years or if the legal entity has been registered later – from the date of its registration, supplier shall have successfully completed at least one contract to provide the software which total value is not less than 0,7 tender price. / The list of successfully completed contracts indicating contractor, software provided, total value of the contract, date of signature and accomplishment of the contract. The document provided shall be signed by supplier or a person authorized and sealed (if any).
10.8. / Supplier shall be authorized to sell the offered software. / Certificate of the manufacturer or official distributor authorized by the manufacturer of the offered software, proving that the supplier has the right to sell the aforementioned software.

*Notes:

1)If the relevant country does not issue the above-mentioned documents or if the same document does not cover all issues raised, supplier shall provide a declaration on oath or an official declaration;

2) Duly certified copy shall bear the signature of the supplier or a person authorized thereby, the text ‚True copy‘, position occupied, the name (the initial of the name), surname, date and the seal (if any). Contracting authority shall be entitled to request for the originals of the documents;

3) Please use the checklist appended in the end of Tender conditions to ensure that all required documents are submitted. Be attentive and do Your best to submit all required documents.

  1. In lieu of the documents specified in clauses 10.1, 10.2 and 10.5 of conditions of tender, supplier may provide a duly certified copy of the certificate issued by the Public Procurement Office or by a competent foreign authority, when the certificate issued by the latter confirms compliance with the above-mentioned requirements. Contracting authority shall be entitled to request for the original of the certificate.
  2. In case the group of legal entities presents common tender offer, each member of legal entity of the aforementioned group shall comply with the requirements indicated in clauses10.1-10.4 and 10.6 and provide the documents required. At least one member of the group of legal entity (or the whole group of legal entities) shall comply with the requirements indicated in clauses 10.5., 10.7-10.8 and provide the documents required.
  3. In cases supplier has presented a false information on the compliance with the above-mentioned requirements his tender offer shall be rejected, if Contracting Authority can prove such circumstances by any lawful means.

IV.PARTICIPATION OF GROUP OF LEGAL ENTITY IN TENDER

  1. In cases a group of legal entities takes part in tender, it has to provide a partnership (consortium) agreement or duly certified copy thereof together with a tender offer. The partnership agreement shall specify the obligations of each party to the agreement in implementing the contract as may be awarded by the Contracting Authority, as well as parts of value of their obligations comprising full value of the contract. The partnership agreement shall provide for the joint liability of all the parties to the agreement for non-performance of their obligations to the Contracting Authority. The partnership agreement shall also specify the person acting as a representative of the group of legal entities (whom the Contracting Authority should contact regarding questions arose during the evaluation of tender offer procedure and provide with information relating to the evaluation of the tender offer).
  2. The Contracting Authority shall not demand that the group of legal entities acquire a certain legal form after the decision to award the purchase contract to the selected group.

V.PREPARATION, SUBMISSION AND MODIFICATION OF TENDERS

  1. Supplier intending to participate in the procurement procedure shall in advance give a notice to Contracting Authority about his intention to participate in tender. The notice about intention to participate in tender shall be sent to the contact persons indicated in paragraph 39 of the conditions of tender. Acception of invitation to participate in tender sent by central public procurement information portal (CVP IS) means shall be deemed as proper notice.
  2. By submitting a tender offer the supplier agrees with the conditions of tender and confirms that information provided in his tender offer is true and includes all requirements for the proper fulfillment of the purchase contract.
  3. Tender offer shall be submitted in writing and signed by the supplier or his authorized person.
  4. Tender offer and other correspondence shall be presented in Lithuanian or English. In cases respective documents are issued in other language than required, duly certified translation to Lithuanian or English shall be provided. The conditions of tender in Lithuanian and English languages are presented on the Central Public Procurement Portal and the official website of Contracting Authority:
  5. Supplier shall provide a price quotation in the form appended hereto as Annex 1. Supplier may submit tender offer without reference to the sample form appended hereto as Annex 1 if procurement information provided in his own tender form correspond to conditions of tender. Tender offer shall be submitted in a sealed envelope. The envelope shall bear the name and address of Contracting authority, the title of the tender, name and address of the supplier. The envelope shall also bear the text ‚Do not open until 2011-01-14, 11:00 a.m.‘. If tender offer is submitted in an unsealed envelope, it shall be returned to the supplier.
  6. All pages of tender offer (together with annexes) shall be numbered and sewed together in such a manner as it would be impossible to insert any new pages to a tender, pull out pages or change them. The reverse side of the last page of a tender offer shall be signed by the supplier‘s official representative and sealed (tender offer shall be sewed by thread, two ends of which shall be stuck by the sticker on the reverse side of tender offer and sealed). Supplier shall also indicate the number of pages comprising the tender offer.‘ In cases tender offer is big in scope and consists of several parts the aforementioned requirement is applicable to each procurement part.
  7. Tender offer shall be comprised of the totality of the supplier‘s documents submitted in writing:
  8. A completed form of tender offer prepared in accordance with Annex 1 to the conditions of tender or the form of equal content introduced by supplier;
  9. documents evidencing compliance with the minimum qualification requirements specified in the conditions of tender;
  10. Supplier‘s Declaration of Honesty in the form appended hereto as Annex 2. When the tender offer is submitted by a group of legal entities, the declaration shall be completed and submitted by each member of the group;
  11. Supplier‘s Declaration in the form appended hereto as Annex 3. When the tender offer is submitted by a group of legal entities, the declaration shall be completed and submitted by each member of the group;
  12. a partnership agreement or a duly certified copy thereof, when tender offer is submitted by a group of legal entities;
  13. if the tender offer is signed by an authorized person, the tender must include the original of authorization or an equivalent document proving that the person has a right to represent the Supplier;
  14. other information and/or documents requested in the conditions of tender.
  15. Supplier shall submit only one tender offer – either as an individual tenderer or as a member of a group of legal entities. If supplier submits more than one tender offer or as a member of a group of legal entities participates in submitting a number of tender offers, all such tender offers shall be rejected. It shall be deemed that supplier has submitted more than one tender offer if it has been submitted both in writing and by means of Central Public Procurement Portal.
  16. Supplier shall submit a tender offer for the full scope of procurement objects specified in procurement parts. Supplier shall indicate all subcontractors who will be attracted for the fulfillment of contractual obligations. Supplier shall confirm that indication of the subcontractor(-s) does not change supplier‘s responsibility (as a principal supplier) for the performance of contract for supply of software.
  17. Alternative tender offers are not acceptable. If supplier submits an alternative tender offer, the latter as well as the original tender offer shall be rejected.
  18. Tender offer shall be presented not later than 2011-01-14, 11:00 a.m. (local time of the Republic of Lithuania). Tender offer shall be presented to contracting authority by post, courier or handing it personally to:Breslaujos str. 3, LT-44403 Kaunas, Lithuania. If so requested by supplier, Contracting Authority shall immediately issue a written confirmation that the supplier‘s tender offer has been received, indicating the date and time of such receipt.
  19. Supplier shall indicate confidential information of the tender offer submitted. Contracting Authority, the Public Procurement Commission (hereinafter the „Commission“), members and experts of the Commission as well as other persons related to the procurement shall not disclose confidential information provided by supplier. Supplier shall not indicate as confidential information, which is public under the laws of the Republic of Lithuania.
  20. The price of tender offer shall be presented in litas or euro according to the requirements specified in Annex 1 hereto. The quantity of items, components of the price, technical specifications, etc., indicated in Annex 1 hereto, shall be taken into account when calculating price of tender.The price shall include all taxes and total expenses (package, insurance, delivery and etc.) of supplier, necessary for due and complete fulfillment of the purchase contract. Price of tender offer shall be rounded to the hundredth value (two decimal digits after decimal point).
  21. The tender offer is valid until the date indicated by the supplier. Tender offer shall be valid no less than until 2011-04-14. If validity term is not indicated in tender offer, it shall be presumed that the presented tender offer is valid for the term indicated in the conditions of tender.
  22. Contracting Authority may request the supplier to extend the deadline of tender offer until a specified time limit.
  23. Contracting Authority has the right to prolong the term for reception of tender offers. In such cases Contracting Authority shall inform in writing all suppliers, who addressed Contracting Authority with participation request and received procurement documents, about the new date for reception of tender offers. Such new date shall also be officially reported pursuant to the provisions of procurement law.
  24. Supplier shall have the right to modify or recall his tender offer until the deadline of reception of tender offers. Such modification or notification on the recalling of tender offer shall be deemed valid if received by Contracting Authority in writing until the deadline for reception of tender offers.

VI.SECURITY OF TENDER

  1. Contracting Authority shall not demand security of tender offer.

VII.EXPLANATION AND CLARIFICATION OF TENDER CONDITIONS